Anti-Harassment/Discrimination Policy

*Subject to change at any time and without notice.  Updated 04/07/2023

 

It is the policy of Maui OnStage that all our employees, volunteers, students, artists, patrons and independent contractors should be able to participate in an environment free of discrimination and harassment. 

This policy refers to, but is not limited to, harassment in the following areas: (1) race, (2) gender identity, (3) age, (4) skin color, (5) national or ethnic origin, (6) religion, (7) disability, (8) marital status, (9) sexual orientation, and (10) military status. Harassment includes display or circulation of written or electronic  materials or pictures degrading to any of the aforementioned groups; and verbal abuse or insults directed at or made in the presence of members of the aforementioned groups. Discrimination includes the unjust treatment of individuals based on the aforementioned categories. 

Maui OnStage does not and shall not discriminate on the basis of racial identity, gender identity, age, skin color, national or ethnic origin, religion, disability, marital status, sexual orientation, or military status. Maui OnStage will not tolerate discrimination by or towards anyone involved with our organization; including but not limited to employees, volunteers, artists, students, patrons and independent contractors. 

Maui OnStage is committed to professionalism, diversity, accessibility, and inclusivity. 

Sexual Harassment 

Sexual harassment is unlawful and will not be tolerated by Maui OnStage. Further, retaliation against an individual who has reported sexual harassment or who has cooperated with an investigation of a sexual harassment complaint is similarly unlawful and will not be tolerated.  MOS takes allegations of sexual harassment seriously and will respond promptly to complaints. Where it is determined that such inappropriate conduct has occurred, MOS will act promptly to eliminate the conduct. 

Definition of Sexual Harassment 

The legal definition of sexual harassment is broad. Sexually oriented conduct that, whether intended to be or not, is unwelcome and has the effect of creating a work place environment that is hostile, offensive, intimidating or humiliating may constitute sexual harassment. 

While it is not possible to list all of the circumstances that may constitute sexual harassment, the following are some examples of conduct that may constitute sexual harassment, whether in person or online: 

  • Unwelcome sexual advances – whether or not they involve physical touching;
  • Sexual epithets, jokes, written or oral references to sexual conduct; gossip regarding one’s sex life or sexuality; comments on an individual’s body; comments about an individual’s sexual activity, deficiencies or prowess; 
  • Displaying sexually suggestive objects, pictures, cartoons; 
  • Leering, whistling, brushing against the body, sexual gestures, suggestive or insulting comments; 
  • Inquiries into or discussion of sexual experiences.

All should take special note that, as stated above, retaliation against an individual who has reported sexual harassment or who has cooperated with an investigation of a sexual harassment complaint is unlawful and will not be tolerated. 

Complaint Procedure 

Individuals who believe they have been subjected to harassment should immediately bring the matter to the attention of the Executive Director and/or the MOS Board of Directors President. All allegations of harassment will be immediately investigated. Anyone found to have engaged in harassment shall be subject to discipline, up to and including discharge. There will be no repercussions for the filing of a complaint.

Sexual Harassment Investigation 

When MOS receives notice of conduct which appears to be sexual harassment, it will promptly investigate the allegation in a fair and expeditious manner. The investigation will be conducted in such a way as to maintain confidentiality to the extent practicable under the circumstances and permissible by law. The investigation may, as appropriate, include private interviews with the person filing the complaint, interviews with witnesses, and interviews with the person alleged to have committed sexual harassment. When the investigation is completed, the person filing the complaint and the person alleged to have committed the conduct will be informed, to the extent appropriate, of the results of the investigation. 

Appropriate Response/Disciplinary Action 

If it is determined that a person has engaged in inappropriate conduct, appropriate action will be taken immediately to promote a workplace that is free of sexual harassment. Such action may range from counseling to termination, and may include other forms of disciplinary action, including the notification of appropriate authorities.